Cal Family Fitness incident raises child care questions

Child care centers at gyms across California are not required to be licensed, KCRA 3 has learned in an investigation.

Parents Mark Magee and Lucinda Winward said their 4-year-old son, Jack, was hurt at child care center -- and they believe the lack of state regulations pose a danger to kids who are left at gym facilities.

Jack still carries a scar on his forehead from what happened at the California Family Fitness gym in Sacramento, his parents said.

“It’s heart-wrenching, and will never go away, ever,” Ward said.

It was an incident that took place two years ago: Magee paid extra for child care at the gym, and said he felt comfortable leaving Jack there while he worked out. About an hour later, a staff member came to tell him about a cut above Jack’s eye.

Magee said he was shocked when he saw its severity.

“His face and shirt had blood drenched down on it," he told KCRA 3. "You could see the wound, which was above his left eye.”

Magee said he had to ask staff members at California Family Fitness three times before they called paramedics.

The family said Jack, who was 21 months old at the time, had to get 10 stitches. Medical bills cost thousands of dollars, Jack's parents said.

According to the family, it was very difficult to get answers from the gym about what exactly happened to Jack, and relatives said the gym never provided an incident report.

Winward and Magee are still in the middle of litigation against California Family Fitness.

“Throughout the process, there was never any remorse -- no apology provided,” Magee said. “They never said, ‘Anything we can do to help or provide information?’”

The family then checked with the Department of Social Services, which oversees child care requirements.

“There are so many safety laws in regards to child care, you wouldn’t think you’d find such an odd loophole that a large corporation could take advantage of,” Magee said.

KCRA 3 reviewed the state licensing requirements for child care centers and found that gyms are exempt because “parents and guardians are on the same premises as the site of the child care program,” according to the health and safety code.

Licensed child care centers must meet stringent health and safety requirements, as well as maintain a certain ratio of children to adults.

Furthermore, the staff must be tuberculosis-tested as well as trained in CPR and first aid.

Staff at facilities caring for a certain number of children also must have educational training.

KCRA 3 contacted Randy Karr, the president of California Family Fitness. He said given the lawsuit, he can only say that Jack tripped, and staff responded immediately to the incident.

He added, his staff is trained in CPR and relating to children.

KCRA 3 asked about whether members who sign up for child care are made aware that the centers are unlicensed.

“We have it in most of the literature. That’s why we require them in most of the rules that they sign when they join. That’s why they’re required to be on the premises,” Karr said.

However, Jack’s parents said they were never informed that the child care center was not licensed.

“We thought we were paying for and putting our son in a state-of-the-art facility and everything was hunky dory,” Ward said. “In fact, it was just the opposite.”

KCRA 3 brought the incident to the attention of State Sen. Leland Yee, chair of the Senate Human Services Committee, which oversees the department licensing day care centers.

Yee said from the perspective of a father, the situation is surprising and frightening.

“That is something we ought to look into,” Yee said. “We have to make sure that any kid left in a particular facility where there is not appropriate supervision …. is safe.”

Jack’s parents said they want to stop this from happening to another child.

“As far as we know, nothing is being done and nothing will be done. It can happen over and over,” Winward said. “That could happen next time. It’s very real."

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